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(영문) 인천지방법원 부천지원 2016.09.09 2016고단1608

특정범죄가중처벌등에관한법률위반(도주차량)등

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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a DM5 car.

1. Violation of the Punishment of Specific Crimes Aggravated Punishment Act (fugitives), and violation of Road Traffic Act (measures not taken after accidents, and driving of drinking);

A. While the Defendant was under the influence of alcohol content 0.142% in blood, on March 30, 2016, the Defendant driven the said car at around 22:00, and continued to drive the said car at around four-lanes in front of the Nowon-gu Seoul Special Metropolitan City E-do, Seocheon-si, with four-lanes.

At the time, the G bus driven by the Defendant F (38 Do) was stopped on the right side of the vehicle and is proceeding again after departure, so the person engaged in driving of the vehicle has a duty of care to check and proceed with the safety of the course by checking well the right and the left and right of the vehicle.

Nevertheless, due to the negligence of neglecting it while under the influence of alcohol, the victim suffered injuries on the left-hand panion of the damaged vehicle by receiving the panioner prior to the right-hand panion of the Defendant’s vehicle and causing about two weeks of medical treatment, and at the same time, even though the victim damaged the repair cost of KRW 515,00,00, such as the landing of the damaged bus pans, it did not take necessary measures such as providing relief to the damaged person.

B. Around March 30, 2016, the Defendant: (a) caused an accident as referred to in the foregoing paragraph (a) and escaped, and (b) took place the front road of the shooting distance in the Seocheon-gu, Seocheon-gu, Seocheon-si, Seocheon-si, Seocheon-si into the seat of the wind terminal.

At the time, the driver of a motor vehicle had a duty of care to look at the front side and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the duty of care to prevent the accident from spreading.

Nevertheless, the vehicle signal is a stop signal under the influence of alcohol.